Restore order to the sidewalks!

After the initial spate of confusion, the policy is getting clearer. I am referring to the direction taken by His Honor, Cebu City Mayor Michael Rama as regards the city sidewalks. This early, he seems resolved enough to handle this problem better than his predecessor. The indication is that he is set to restore order to our sidewalks that, until today, are still being appropriated mostly by vendors.

It is worthwhile to attempt to trace our past experience on this problem in the hope that the new administration might learn some pointers. My recollection is that when former Mayor Florentino Solon was our city chief executive, he did almost everything to clear the sidewalks of obstructions.

Of course, he came in as the man perceived to have support of late Pres. Ferdinand E. Marcos, or more precisely that of the former first lady, Imelda. His Malacañang tether was important for him to gain headway in opposition Cebu especially that even if a blue-bloodied Cebuano, he, prior to his designation as our mayor, was a virtual outsider.

When he set foot, he noticed the apparent dominance by ambulant sellers and consequent chaos generated by their activities. The vendors covered their act more with humanitarian consideration than a legal stand. The reason they offered for practically taking over the sidewalks was something that could not be easily disposed of. That they were only trying to earn a living, no matter how modest, was a reason acceptable to a government that failed to provide better opportunities.

Mayor Solon then was right to stick to basic legal principles. Earning a living was a right but invoked sic utere tu ot alienum non laedas (roughly, that vendors could use their rights but not in violation of others' rights). He was steadfast in protecting the right of pedestrians to safe walk ways and, in compromise, found some sites where vending was allowed.

The late Mayor Ronald Duterte, who came after Solon chose to continue with his predecessor's scheme of things. I remember having personally pleaded with him, to no avail, for an extension of just one week for my clients who were occupying a portion of the back part of Carbon market to remove their wares. I knew the mayor was right and my clients' humanitarian cause was a legal aberration.

Indeed, in their watch, (and briefly that of Mayor Jose Cuenco) there was order in our city streets and sidewalks.

When the Hon.Tomas Osmeña became our mayor (he is now the South District congressman), he played the political stock of vendors to the hilt. He allowed them to invade the streets under the pretext of some form of nebulous regulation. Osmeña, perhaps knew his position was legally incorrect, but he could not ignore their numbers and that to him was probably more important. Well, his gambit paid because he was buoyed to political victories on the shoulders of thousands of ambulant sellers. 

Upon the assumption of Mayor Rama to office, among his first public pronouncements was to remove the structures put up by vendors. He followed this with hazy statement before making the last declaration. The sidewalks particularly had to be freed of obstructions. I applauded the policy even if I felt an unmitigated amount of pity to affected sellers. 

But, if you, for a specific example, ask the sentiments of the legitimate owners of business establishments along P. Gullas Street, you will find out the sigh of relief they heave. For so long a time, they had been unduly prejudiced. Their situation is unjust. One. They spend fortunes to erect buildings conforming to all regulations. But, the city allows vendors to put up makeshift stalls right at the doors of these buildings. Two. They pay correct taxes yet the vendors, who are their direct competitors, hardly contribute to the coffers of the government. Three, these businessmen subject themselves to all government regulations while these vendors seem to be exempt from the operations of the laws.

The P. Gullas situation is replicated in many areas of this city.

It is thus a step in the right direction for Mayor Rama to uphold the law. The political will to return the sidewalks to the pedestrians is actually more than just implementing the law. It will restore the needed order to our city. The sooner he does it, the better.

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